Background Checks for Banks
Dr. Jim Castagnera, Esquire holds a JD and PhD from Case Western Reserve University. His 36 years as a higher education administrator and faculty member included 23 years as Rider University’s Associate Provost and Legal Counsel for Academic Affairs. In that capacity, he managed an extensive portfolio of academic, regulatory, human resource, labor relations, governance, legal and compliance responsibilities. He has published 22 books on human resources and higher education topics. Today, he is the chief consultant for Holland Media Services, freelance writing and communication, consulting, and training organization with offices in Philadelphia and Los Angeles.
Employee background checks are an inescapable reality for financial institutions. And while developing and administering an appropriate background check program has always presented tricky compliance issues for banks and credit unions, regulatory and legal developments in this area have made compliance both more challenging and more important.
Financial institutions face greater potential challenges and pitfalls in conducting background checks, as they are subject not only to industry-specific background check laws and regulations but also have to deal with the laws and regulations that impact employers generally. From the EEOC’s comprehensive guidance on the use of criminal background checks to the CFPB’s regulations regarding background checks for loan originators, financial institutions face an alphabet soup of legal requirements in implementing a background check program. What’s more, states are increasingly adding to this mix by taking up the issues of employer use of criminal background checks and credit history reports.
This webinar is designed to help financial institutions safely wade through the legal issues associated with employee background checks. It will provide a comprehensive overview of the laws governing employee background checks conducted by financial institutions — including both criminal background checks and credit history reports. Please join attorney Jim Castagnera as he guides you through the complicated issues financial institutions face in complying with the sometimes confusing and seemingly conflicting requirements surrounding background checks for employees.
More than simply addressing the technical requirements of these laws, the presentation will drill down on the practical considerations that these laws present to financial institutions in particular:
- Which background check laws and regulations impact financial institutions?
- When background checks are required and for which employees
- What types of background checks (e.g., criminal background checks, credit histories) a financial institution should conduct and when during the hiring process they should be conducted
- How to mitigate risk when disqualifying an applicant on the basis of a background check
- Compliance with the Fair Credit Reporting Act
- The increasing regulation of background checks under state law and how this may impact the background check programs of financial institutions
- The developing law of responsibility for negligent hiring
- The nuances of criminal background checks, such as the types of criminal backgrounds that might impact employment with financial institutions, how different job categories should be treated, and the difference between arrest and conviction records
Course Level - Intermediate
Who Should Attend
- In-house Counsel
- Chief Financial Officers
- Security Officers
- Compliance Officers